tm M5B2o 8 -«:^IUBRARYQ^ \ii i ^mms/;^ a..r.v,^^ %a3AiNni# ^^ojnvDJO^ ^ 0% ^OF-C -'c/AavailU•iv^^ •soi^- .^10SANCEI% iVikVi-' ^OFCAUFO;?^ if ^1;^ n33 so 5>^IUBR O-jat-' ^\WEUNIVER% ^^DNVSOl^ eg- o IV r^j % 4- s es FOi?^ va ^^EUKIVER%. ^ >- ^ CQ «5WEllNIVERr,- c ^^.lIBRARVn It - * . Decree of the Court of Appeals of Maryland, in the cases of '!; James Williams, and John Gooding, et al. June Term, 1849. 20 -> Opinion of Judge Martin, in the cases of John Gooding, and James Hilliums. June Term, 1849 22 ?»■ Opinion of Chief Judge Dorsey, and Judge Spence, in the cases in ^ of John Gooding, and James Williams, et al. June i Term, 1849 22 Opinion of Mr. Justice Grier, in ihc Snprfirif Court of the United ^ States, in the case of LyY. SUPREME COURT OF THE UNITED STATES. December Term, 1854. « > John S. Williams, Administrator of James Williams, dec'd, appellant, vs. Robert M. Gibbcs and Chas. Oliver, Ex'orsof Robert Oliver, deceased. J And Jno. Gooding, junior, Administrator de bonis non of John Gooding, deceased, appellant, vs. Robert M. Gibbes and Chas. Oliver, Ex'ors of Robert Oliver, deceased. Mr. Chief Justice TANEY dissenting. Appeals from the circuit court of the United States for the district of Maryland. > I dissent from the opinion in these two cases; but they are so inli- niately conncrled with ihe case against liyde Goodwin's achninislraior, just (l(!ci(led, that I shall be better understood by considering the three (oL'^eihor. W lif'ii the case of Gill (who was trustee of Goodwin under (he insolvent laws of Maryland) against Oliver's executors was biifore lh<; court, I did not concur in llie JudgnHiUt then given, as will \)c seen by ihe report of the case in lllh Howard's Reports. It apjjeared to me (umecessary at ih.ii lime to do more (ban simply ex])ress my dissent; but iIm! course which these cases have siu((^ taken, and the derisions now given, m.ike it my duty to stale more fully my own opinion, and ihe grounds upon which I passed (he decrees thai are now before the court. 'I'he history of the controversy is this: (iondwin, (Jooding, and Williams were members of the Haltimore Mc-xican C'omi)any, which made the contract with Mina in 1S1(>. The character of that contract is fully stated in the lllh and I2th volmnes of Howard's Reports, and also the ui.uukt in which it came bfforc the connnissionf-rs uuder the treaty with Mexico, and thfir nw.ud u])oii ii. () The commissioners awarded (he sum mentioned in their award to (he Mexican Company of Bahimore, as due " for arms, vessels, muni- tions of war, goods, and money, furnished by the company to General Mina for the service of Mexico in the years 1816 and 1817," and gave interest to the company according to the stipulation in the contract with Mina. I have given the words of the award, because they show that the commissioners affirmed (he validity of this contract, and directed the amount due by its terms to be paid to the trustees therein named, for the benefit of the parties interested in it. l^roceeditjgs were soon after instituted in a Maryland court of equity against the (rustees by persons claiming an interest in the fund; and the money by order of (he court was brought into court to be dis- tributed among the parties entitled. Many claimants appeared, pre- senting conflicting claims for shares in the company. Goodwin, Gooding, and Williams all became insolvent — Goodwin in 1817, Gooding and Williams in 1819; and their respective trustees appeared in the Maryland court, and claimed the amount due to the insolvent. On the other hand, the executors of Oliver claimed these three shares — Goodwin's under an assignment made to Oliver by Goodwin in 1829, and the other two under assignments made to him in 1825 by George Winchester, who was tlie trustee of each of them. The controversies which arose upon the distribution of this fund were removed to the Maryland court of appeals, which is the highest court of the State. And in the trial (here it was objected (hat (he con(ract with Mina was in violation of law, and therefore fraudulent and void, and vested no rights in the members of (he company which the law would recognise, and consecfuently that no right of property in it could vest in the trustee when the party became insolvent. It may be proper to remark, that under the Maryland insolvent law, all the property, rights and credits belonging to the insolvent at the lime of his petition, became vested in his trustee: and he at (he same time executes a deed to the trustee, conveying and assigning to him all his property, rigli(s, and credi(s of every tiescription for (he benefit of his creditors. And if the persons above named, at the times of their peti- tions in 1817 and 1819, had any interest whatever, either legal or equitable, vested or contingent, under this Mexican contract, it passed to his trustee. The court of appeals decided that (he contract with Mina was fraud- ulent and void under our neutrality laws, and therefore vested no rigiil in the parties which a court of justice in this country could recognise, and, consequently, that they liad no interest or property under it which could be transferred to or vest, in their trustees at the time of (heir in- solvency. And upon this ground they decided against the claim of the trustees, and directed the whole amount of the three shares to be paid (o Oliver's executors. The ground upon which they supported the claim of Oliver's execu- tors to these shares is not stated fully in the opinion. It was, I pre- sume, upon the ground that, by the terms of the award, the shares of these three persons were received b}' the trustees named in the award, in Irnst for these executors; and flint ihc trustee?, therefore, had no rio-ht to withhold it from them; as neither they nor their testator had any participation in the fraudulent contract out of which it had arisen. And if the court was riffht in decidinsr, that neither the trustee of the insolvent nor any one else could derive a title to this money under the contract with Mina, perhaps the lantruaoe of the award, together with the dociuuents referred to in it, might Justify this decision. But I ex- press no opinion on this point, and merely suggest it in justice to the court of appeals, in order to show that their opiiu'ons in these cases are not necessarily inconsistent with each other, although the court may have reasoned erroneously, and decided incorrectly. These decisions were brought to thi« court by the trustees of the insolvents, by writs of error imder the 2.Tih section of the act of 1789. Motions were made in each of them to dismiss for want of jurisdiction; and the motions were sustained by the majority of the court, and the cases dismissed, as will appear in the reports referred to. [differed in opinion from the court; but imdoul)tedly, when the cases came before me at circuit, upon bills filed by the administrators, it was my duty to conform in the inferior court to the decision of the superior, as far as that decision applied to the case presented by these coniplainrmts. It is true, that in my own opinion, and according to the views of the subject I had always entertained, these bills, by the administrators of the insolvents, could not be maintained. But I dis- missed them, not only upon that ground, but also under the impression that 1 was bound to do so upon the principles upon which this court had decided them in the suits by the trustees. It appears, however, by the opinion just delivered, that I was mistaken, and placed an erroneous construction on the opinions formerly delivered. It seems, therefore, to be due to myself to state not only my opinion in the former cases, but also the interpretation I placed upon the language of this court in deciding them. And I think it will be found that the lan- guage of the foriuer decisions was fairly susceptible of the construction 1 [iiM upon it, althouo-h that construction has turned out to be erroneous. 1 do not mean to say that the construction which the majority of the court puts uj)on its former decisions now, is not the true one; but that the language u^^fd in it might lead I'vcn a careful iiHiuiriT to a ((Hitniry conclusjot). 1 proc('(;(l, in liic first place, to speak of tlit; case of (jJili, trustee of 1 ,Vfle (ioodwiu. As I have already said, when that case was before this ((iiiii. I ihoutrli', -111(1 siiil think, we bad jurisdiction; and proceed now lo slale tin; tnoiinds of that o[)iniou, and how it bore on the deci- sion of the suit by his administrator, which is now before u^ The money in disfnite was claimed under the contract w iib Mina. And ilie aiiniiiiii eJiMiied was awarded to (he Mexican Conij)auy or liieii |e > Nathaniel Williams, permanent trustee of James Williams, appellant, vs. Charles Oliver, Robert M. Gibbes, and Thomas Oliver, executors of Robert Oliver, and others, appellees. Nathaniel Williams, permanent trustee of John Gooding, appellant, vs. Charles Oliver, Robert M. Gibbes, and Thomas Oliver, executors of Robert Oliver, and others, appellees, Hannah C. Williams, administratrix of James 1 W. Williams, appellant, j 1 Charles Oliver, Robert M. Gibbes, and Thomas [ Oliver, executors of Robert Oliver and others, j appellees. J John M. Gordon, permanent trustee of John W. Stump, appellant, vs. Charles Oliver, Robert M. Gibbes, and Thomas ^ Oliver, executors of Robert Oliver, and others, appellees. > In the case of Thomas & White vs. Dennis Smith and others, and on the appeal of Nathaniel Williams from the decree in said cause. In the court of appeals for the Western Shore of Maryland, June term, 1849. The several appeals above meniioned of Nathaniel Williams, trustee of James Williams; Nathaniel Williams, trustee of John Gooding; of Hannah C. Williams, administratrix of James \V. Williams; and John M. Gordon, permanent trustee of John W. Stump, from the decree of the court below in this cause, Iiaving come on for hearit)g, and having been fully argued by the counsel for the respective parties, and con- sidered by the court, and this court being of opinion that there is no error in the decree of the court below in awarding and decreeing to the said appellees, Robert M. Gibbes, Charles Oliver, and Thos. (Oliver, executors of Robert Oliver, for the shares of John Gooding and James Williams, in certificates the sum of forty-two thousand eight hundred and twenry-seven dollars and seventy-three and a third cents, §42,827 7'A i-'j, and in money sixteen thousand three hundred and twenty-one dollars and seventy-one cents (.|5l6,32] ^Vir); '""^' ''''il^ ^t'*'- said decree of the court below ought to be affirmed as against each and all of the above menticjned appellants. It is thereupon, this 23(1 day of June, in the year of our Lord one thousand eight hundred and forty-nine, by this court and the authority 21 thereof, upon the said appeal of the said Nathaniel Williams, trustee of Jaines Williams, ordered, adjudged, and decreed, tlial the said de- cree of the court below, awarding and decreeing, as aforesaid, the share of the said James Williams to the said Robert M. Gibbes, Charles Oli- ver, and Thomas Oliver, executors of Robert Oliver, be and the same is hereby, in all respects, affirmed, without costs, as against the said appellant, trustee of James Williams. And it is thereupon, this 23d day of June, in the year of our Lord one thousand eight hundred and forty-nine, by this court and the authority thereof, further ordered, adjudged, and decreed, on the appeal of said Nathaniel Williams, trustee of John Gooding, that the said decree of the court below awarding and decreeing to the said Robert M. Gibbes, Charles Oliver, and Thomas Oliver, executors of Robert Oliver as aforesaid, the share of said John Gooding, be and the same is in all respects affirmed without costs as against said appellant Wil- hams, as trustee of said Gooding, And it is also, on the day and year aforesaid, and by the authority of this court, further ordered, adjudged, and decreed, on the appeal of Hannah C. Williams, administratrix of James W. Williams, that the said decree of the court below, awarding and decreeing to the said Robert M. Gibbes, Charles Oliver, and Thomas Oliver, executors of Robert Oliver as aforesaid, the share of said James Williams, be and the same is hereby, in all respects, affirmed without costs as against the said appellant. And it is further ordered, adjudged, and decreed, by the authority aforesaid, on the appeal of said John M. Gordon, permanent trustee of John W. Stump, that the said decree of tlie comt below, awarding and decreeing as aforesaid the share of James Williams to the said Robert M. Gibbes, Charles Oliver, and Thomas Oliver, executors of Robert Oliver, be and the same is hereby, in ail respects, affirmed without costs as against the said appellant. And it is further ordered, adjudged, and decreed, by the authority aforesaid, that the said appellees and trustees, John Glenn and David M. Perine, pay to the said Robert M. Gil>bes, Charles Oliver, and Thomas (Jliver, executors of Robert Oliver, the aforesaid amount in ccriificates, and the aforesaid amount in money, decreed to ihe said executors by the aforesaid decree of the court below, for the shares of John (iooding and James Williams, together widi all inlrrcsl, profits, or accmnulations ihereon, which may have arisen and been received by lhem,lhe said Uiislees, on account of said certificaU-'S, or on account and from any investment of any i)roceeds of the said sinn decreed to i)e paid in money, which may have been inaiNr under iIk- order and direction of die roinl brlow. THOS. B. l)()RSi:Y, ARA SPHNCH, ROJ'.CRT [V. MARTIN. And liicrcupon, according lo llic provisions, force, form, and ellcct of (he act of the (ieneral Assembly of Maryland of 1832, chapter 302, section 0, the said coint of appeals iiere fde the opinions of (he coint for and in resp(;ct of ils delcrmination of Uk- ap|i<;d .iforcsaid, the determination of ihe said coini of aftpeals being had upon oral argu- 1 22 nient on the part of the parties aforesaid, and which said opinions are as follows, to wit: The opinion of the honorable Robert N. Martin, one of the~ judges of the said court, in the matter of N. Williams, trustee of John Gooding. The decree of the court below in this case, 1 think, ought to be affirmed. 1 consider the order of Baltimore county court, passed at the Marcii term, 1S25, authorizing the trustee to dispose of any portion of the in- solvent's estate remaining undisposed of, &c., to be a valid order, although not filed or recorded; and that it gave to the trustee, by its terms, the right to sell the property in controversy. I also think that Geo. Winchester is to be considered, upon the facts exhibited in the record, as duly and legally appointed the permanent trustee of .lohn Gooding, and that the sale by him of this share to Robert Oliver was fairly and bona fide made within the meaning of the act of Assembly of 1841, ch. 309; and that the said act, violating sales made by trustees, notwithstanding they shall not have given bond with security, is ^ constitutional exercise of legislative power. Upon these grounds the decree below ought, I tfiink, to be affirmed. I Tiie opinion of the honorable Robert N. Martin, one of the judges of the said court, in the matter of N, Williams, trustee of James Williams. The decree of the court below ought, I think, to be affirmed in tliis case, for reasons assigned in the case of N. Williams, trustee of John Gooding, against the executors of Robert Oliver. I think that Geo. Winchester is to be considered, upon the facts exhibited in this record, as duly and legally appointed the permanent trustee of James Williams; that the sale by him of the shares in .con- troversy to Robert Oliver was fairly and bona fide made within the meaning of the act of Assembly of 1841 , ch. 309; and that that statute being, in my opinion, neither repugnant to the Constitution of the United States nor the constitution of the Slate of Maryland, is to [be] regarded as a valid exercise of legislative power. The opinion of the honorable Thomas B. Dorsey, chief judge, and of the honorable Ara Spence, judge. June term, 1849. — (Jourt of appeals, W. S. JVkJ. No. 144, 145, 140, 147, 148, 149. The solicitors for the a])pellants in the foregoing cases having, with a view to an appeal from the decrees of affirmance by this court, re- cjuested some expression of the grounds on which said decrees of affirm- ance were passed, the undersigned, being two of the three judges who sat in judgment in those cases, stale, that the grounds on which they affirmed the judgments were — first, the reasons assigned by the majority J3 of this court for the reversal of the decree in No. 143, Oliver's ex'rs and al. vs. Gill, permanent trustee of Goodwin;* and that if in this there was error, the judgments were affirmed in No. 144, hecause George P. Stevenson forfeited his claim by his failure to comply with the stipulations in his contract, and because he surrendered up to his co-associates all his interest in the Mexican Company; in Nos. 145 and 14G, because, under the proceedings based on or originating from the insolvent petitions of John Gooding and James Williams, and the act of Assembly applicable thereto, Robert Oliver acquired a valid title to all (he interest of said James Williams and John Gooding in the fund in controversy; in Nos. 147 and 14S, for the reasons assigned by Judge Martin as the basis of his opinion in those cases; and in No. 149, because the appellant therein hath shown no title to, or interest in. the fund in controversy, either upon the law or facts in the case. June 26th, 1849. THOS. B. DORSEY, ARA SPENCE. * See page 19. SUPREME COURT OF THE UNITED STATES, December Term, 1850. George M. Gill; Trustee, &c. of Lyde Goodwin, vs. Robert Oliver's Executors, and Glenn & Ferine, Trustees. Mr. Justice GRIER delivered the opinion of the court. If this court can take jurisdiction of this case under the twenty-fifth section of the Judiciary Act, it must be under either the first or third clause, as the second is admitted to be wholly inapplicable to it. 1. The first is, " where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity." 2. The third is, '• where is drawn in question the construction of any clause of the Constitution, or of a treaty or statute of, or commis- sion held under the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party under such clause," &c. 1. We have sought in vain through the record of this case to find any question raised directly by the pleadings, or " by clear and neces- sary intendment therefrom," touchingthe validity of any treaty, statute, or authority exercised under the United States. Both parties claim certain moneys in court as assignees of Lyde Goodwin who was a member of the " Baltimore Mexican Company," and entitled to a certain proportion of the money awarded to said com- pany as a just claim on the Mexican government. The validity of tlie award, or the treaty under which it was made, is not called in question by either party, as both claim under them. In order to ascer- tain the effect of certain previous assignments made by Lyde Goodwin, the history of the origin of his claim necessarily makes a part of the case. The treaty and award are introduced as a part of lliis history, as facts not disputed by either party. The money being in court, both the treaty and the award were fimcti ojjicio, and no decision of the rights of the claimants inter se can, in the nature of the case, involve the validity of either. The decision of the Court of Appeals, that the original contract with Mina in 1816 did not create such a debt as would pass by the insol- vent laws of Maryland, neither directly nor by implication (jucstions the validity of any treaty, statute, or authority under the United States. That the Baltimore Mexican Company set on foot and prepared the means of a military expedition against the territories and dominions of the king of Spain, a foreign prince with whom the United States were at peace, is a fact in the history of the case not disputed, and which if wrongly found by the court would not give us jurisdiction of the case. i '25 Tliat such conduct of the company in making their contract with General Mina was a high misdemeanor, punishable with fine and im- prisonment by the fifth section of the act of the oth of June, 1794, chap. 51, cannot be disputed by any one who will read the statute; and the conclusion drawn therefrom by the court below, that the con- tract of the company with Mina in 1816, being founded on an illegal transaction, was void by the law of Maryland, where it was made, and passed no equity, right, or title whatsoever to an insolvent assignee in 1S17, involved no question of " the validity of any treaty or statute of, or an authority exercised under the United States." The validity or binding eflect of the original contract with Mina is neither directly nor indirectly affirmed, either in the convention with Mexico or in the award of the commissioners under it. The fact that the " Baltimore Mexican Company " exposed not only their property to capture by the Spanish vessels of war, but their own persons to fine and imprisonment by the authorities of the United States, only enhanced the justice and equit}^ of their claims against the new govenmient of Mexico. The original contract with General Mina was a Maryland contract, and its validity and construction are questions of Maryland law, which this court is not authorized to decide in the present action. 2. We are equally at a loss to discover in this record where or how " the construction of an}'^ clause of the Constitution, or of a treaty or statute of, or commission held under the United States," is drawn in question in this case. As we have already said, both parties claim money in court; and, in order to test the value of their respective assignments from Lyde Goodwin, introduce the history of the claim from its origin. The treaty and award are facts in (hat history. Tiicy were before (he court but as facts, and not for construction. If A hold land under a patent from the United States or a Spanish grant ratified by treaty, and his heirs, devisees, or assignees dispute as to which has (he best title under him; this does not make a case for (he jiuisdictiou of (his court under (he (wenty-fifih section of the .ludiciary Act. If ueiilifr the validity nor construction of the patent or title uiuhir (he treaty is contested, if both })arties claim under it, and (he con(est arises from some (juestion without or dehors (he patent or (he (reaty, it is plainly no case for our interference under (his section. 'IMiat the title originated in such a patcnl or (reaty is a fact in (he history of the case inci(len(al (o it, but (he essential cc)n(rov«'rsy )>••- Ivveen the pardes is widioiit and Ix-yond i(. So in (his case, both claim the money in court. It is a fact (liat (Ik; morK^y has been paid by (Ik; republic of Mexico, on a claim which has becMi itronounccd just and ccjuiiabN; In' conuuissioners mider the convention of 18.'{'.). It is a fact, also, that the origin of this claim was for arms and ammunition furn- ished for an expedition under (ieneral Mina, for the purpose of insur- rection against the Spanish government. It isafiict, that the IJ.iItimore Mexican Company, or the individuals composing it, e\])ose(l (heiu- selves to punishment under the neutiality act. It is a fact, also, (hat afterwards, when Mexico had succeeded in es(ai>lishing her indepenil- 26 ence; "when her rebellion had become a successful revolution; that she very justly and honorably made herself debtor to those who perilled their properly and ])ersons in her service at the commencement of her struggle. It is a fact that, though this claim was acknowledged as a just debt by Mexico as early as 1825, payment was never obtained till after the award of the commissioners under the convention with Mexico in 1839, '' for the adjustment of claims of citizens of the United States on the Mexican republic." It is a fact, that this claim thus recognized by the Mexican Congress was pronounced a just debt in favor of citizens of the United States against the republic of Mexico. But w^iether this debt of the Mexican government, first acknow- ledged and made tangible as such in 1825, did previously exist as an equity, a right, or a chose in action capable of passing b}^ assignment under the insolvent laws of Maryland in 1817, is a question not settled in the treaty or award, nor involving any question as to the construc- tion of either, but arising wholly from without, and entirely indepen- dent of either the one or the other. The treaty was, that '' all claims of citizens of the United States found to be just and equitable should be paid." The award was, that this claim of the " Baltimore Mexi- can Company," which had been acknowledged in 1825 as a valid claim by Mexico, was a just debt, not a false or feigned one, and ought to be paid. The money is awarded to be paid to Glenn and Ferine " in trust for whom it may concern." The award does not undertake to settle the equities or rights of the different persons claiming to be legal or equitable assignees or transferees of the interests of the several members of the company. That is left to the tribunals of the State where the members of the company resided and the assignments were made. In deciding this question, the courts of Maryland have put no construction on the treaty or award, asserted by one party to be the true one and denied by the other. It was before them as a fact only, and not for the purpose of construction. Whether this money paid into court, under the award and first acknowledged by Mexico as a debt in 1825, existed as a debt transferable by the Maryland insolvent laws in 1817, or whether it, for the first time, assumed the nature of a chose in action transferable by assignment after 1825, when acknowledged of record by Mexico, and passed by the assignment of Lyde Goodwin to Robert Oliver, was a question wholly dehors the treaty and award, and involving the construction of the laws of Maryland only, and not of any treaty or statute or commission under the United States. It is a conclusive test of the question of jurisdiction of this court in the present case, that, if we assume jurisdiction, and proceed to consider the merits of the case, we find it to involve no question either of validity or construction of treaties or statutes of the United States. But the only questions in the case will be found to be, what was the effect of the appointment of George M, Gill in 1837 as permanent trustee, under the insolvent laws of Maryland of 1805? Was the void and illegal contract with Mina, made in 1816, such a chose in action as would pass by such insolvent law in 1817? Or did it first become an assignable claim after it was acknowledged by Mexico in 1825, and, as a new acquisition of Lyde Goodwin after his insolvency, pass by ■-Vi' 27 his assignment lo Oliver? A resolution of these questions, by or through any thing to be found on the face of the treaty or award, or any necessary intendment or even possible inference therefrom, is palpably impossible. The whole case evidently turns on the construction of the laws of Maryland, and on facts connected with the previous history of the claim, which are not disputed, and which are incidental to the treaty and award, but which raise no question either as to their validity or construction. This case is therefore dismissed for want of jurisdiction. Mr. Chief Justice TANEY, Mr. Justice McLEAN, Mr. Justice WAYJNE, and Mr. Justice WOODBURY dissented. Chief Justice TANEY stated that, in liis opinion, this court had jurisdiction of the question upon wiiich the case was decided in the Court of Appeals of Maryland, and that their decision was erroneous, and ought to be reversed. Mr. Justice McLEAN concurred in opinion with the Chief Justice. Mr. Justice WOODBURY. I object to the form of the judgment to be entered in this case, rather than to the results of it to the parties. By dismissing the writ of error for want of jurisdiction, as is done here, the judgment in the Slate court is left in full force; whereas, in my view, this court has jurisdic- tion, and should affirm the judgment in the State court, thus leaving it, as the other course does, in full force, but on dilFerent grounds. The consequence to the parties, by pursuing either course, did'ers so little, that it does not seem necessary to go into any elaborate c.\i)osilion of the reasons for this dissent, and I shall tlicrefore content myseU" with stating only the general grounds for it. All that seems indispensable to give jiiiisdjction to us in this class of cases is, that the plaintiff in error shoidd have set u]), in support of his claim in the State court, some right or title under a treaty or doings by authority from Congress, and that it should Ik; oxcrnded by tlw Stole court. See the twenly-nflh s<;clioii of the act of 1 7S9 (1 Slat, at Large, 85), and various decisions under it, including Owings v. North- wood's Lessee. 5 Crancli, 34H, and Smiih v. Maryland, (> (./lancli, 'M\; 2 Howard, .']72. Here the appellant set u|) in his bill a ( l;iim to money nncb-r a treaty with Mfxico, and an award under ii by <(iii)- missioners apjjointcd by an act of Ctjugress, and the Stale court, in bis opinion, overruled his claim. This, in my view gives jurisdiclion to us, whether the State court decided right or wrong. See Armsiiong i;. Athens County, 10 l^'ieis, 2S5; Milb-r ?;. Niclids, 4 Wliml, :^M . The very object of the writ of error is lo ascrrlain wliillicr llicy did decide right or wrong, and the jurisdiction to make this revision of iheir opinion arises not from its error, but itsHubjecl-m.'Utrr; the latter being a claim set iqi under some United States auiliority. Neilson v. Lagow, 7 Ilowanl, 775. 28 The next and only remaining inquiry for me, supposing that we have jurisdiction, is, whether the State court formed a right conclusion in overruling the claim set up hy the appellant. I think they did. So far as it rested on authority under the United States, it is by no means clear that they overruled it improperly. The claim, so far as regards the enforcement of tlie treaty with Mexico, does not seem to have been overruled in terms by the State court. That court did not decide that the treaty was corrupt or illegal, or in any way a nullity, when they held that the original contract violated the laws of neutrality. So far, too, as regards the award made by the commissioners, that the Baltimore Mexican Company and their legal representatives had a just claim under the treaty for the amount awarded, it was not overruled at all. It is not manifest, then, that any thing really in the treaty or in the award, set up by Gill, the plaintiff, was actually decided against, but only something he claimed to be there; — that when the appellants claimed diat he, rather than others, was legally entitled to one ninth of the sum awarded to the Baltimore Mexican Company, the State court seems to have overruled that. But in doing this, they must still have held the treaty itself to be valid, and the award of the commis- sioners under it to be valid, or they could not have decreed this share of the fund to Oliver's executors, as they appear to have done ex- pressly by the record. All must concede, that the State court speaks in its language against the Mina "contract" alone as illegal, and in terms do not impugn either the treaty or the award; and it is merely a matter of inference or argument that either of these was assailed, or any right properly claimed under them overruled. But it is true the court held tbat Oliver's executors, rather than the appellant, were entided to the fund furnished by Mexico, and long subsequent to Mina's contract; but in coming to that conclusion, they seem to have been governed by their views as to their own laws and the principles of general jurisprudence. The treaty or award contained nothing as to the point whether Gill or Oliver's executors had the better right to this share, but only that the Mexican Company and their legal representatives should receive the fund. This last the court did not question. But who was the legal representative of Lyde Goodwin's share? Who, by insolvencies, sales, or otherwise, had become entided to it? That was tiie question before the court, and the one they settled; and in deciding that they overruled the claim of Gill to be so, by virtue of any authority in the treaty or award; and in saying that the fund should go to Oliver's executors, as best entitled, rather than Gill, they did it under their own State laws. It is a general rule for the State tribunals, and not the commissioners, to settle any conflict between different claimants; and the usage, when disputes exist, is not for commissioners to go further than act on the validity of the claim, and decide besides the superior rights of one of the claimants. Frevall v. Bache et al., 14 Peters, 95; Comegys v. Vasse, 1 Peters, 212; Sheppard v. Taylor et al., 5 Peters, 710, I 29 It is true, that the opinion given in the State court in support of its judgment is not entirely free from some grounds for misconception, yet the judgment itself appears right, and, if erroneous, resting as it does wholly on the State laws, it is not competent for us, under this writ of error, to reverse it. We can reverse it only when wrong, and wrong, too, for deciding improperly against some claim under a United States law or treaty. This, I think, it has not done. In short, the whole real truth appears to be, that the State court considered the Mina contract in 1S17 as a violation of the neutrality act of 1794; and therefore, when LydS Goodwin failed in the same year, and went into insolvency, that his share in the contract, being illegal and void, could not then pass to his creditors, or his trustee in their behalf. But when the Mexican govern- ment, about 1S25, adopted the contract, and acknowledged its liability to pay those entitled, the court seems to have thought that their obliga- tion was virtually a new one. It occurred after the insolvency, and hence seems supposed not to have passed to the creditors, any more than did new property subsequently acquired. (See Insolvent Act of 1805, cli. 110, § 2.) Consequently, the commissioners held that the creditors and their trustee were not entitled to its benefits. Goodwin could and did legally assign to Oliver his new rights and new guaran- tees, for his share from Mexico. These last though growing out of the original Mina purchase, were not a violation of the act of 1794, — were honorable, though not compellable, and were not deemed illegal either by Mexico or the government of the United States, or the com- missioners, or the State court. Again, under the State laws doubts seemed to arise, (in deciding on which was the proper claimant,) whether the original trustee was not duly appointed in 1817, and could not legally assign this claim, if it passed to him tlicn or afterwards, as he attempted to pass it to Oliver, rather than considering it as belonging to, or vesting in. Gill, the ajipellani, who was not appointed trustee till 1825, and then in a manner somewhat questionable. (4 Gill dfc Johns. 892.) That, how- ever, was likewise a point arising exclusively under the State laws, and which we arc not authorized to decide in this writ of error. It is for reasons like these, that, in n)y opinion, tlx; judgment in the Stale court, so far as it related to any claim set up and supposed to i)e overruled under any authority derived from the United States, is within our jinisdiction; but that the State court did not improjx'ily overrule any such claim so set up, and hence that the judgment in lln' Slate cuiMt oii'^ht {() I)(; afllrmed. Order. This cause came on to i)e heard on the transcript of the record from the Court of Appeals for the Western Shon- of Maryland, and was argued by counsc;!. On cousidcraiion whereof, it is now \\r\r ordered, adjudged, and decreed by this coml, that this cause be, and iIm' same is hereby dismissed, for the want of jurisdiction. 5 Tliis rnsH is rppnrtfd in II Il'iwnrfl, pnirc .'iW. 30 SUPREME COURT OF THE UNITED STATES. December Term, 185 1. Nathaniel Williams, as permanent Trustee for the Creditors of James Williams, an In- solvent Debtor, Plaintiff in Error. vs. Charles Oliver, Robert M. Gibbes and Thomas Oliver, Executors of Robert Oliver, and John Glenn, and David M. Ferine, Trustees. Mr. Justice NEliSON dehvered the opinion of the Court. This case is not distinguishable from the case decided at the last term of Gill vs. Oliver's Executors, and which was dismissed for want of jurisdiction. It is reported in 11 How. 529. That case involved the right to the share of Lyde Goodwin as a member of the " Baltimore Mexican Company " in the fund that had been awarded to the members of that Company by the Commissioners under the convention of 1839 with Mexico. Gill claimed it as permanent trustee under the insolvent laws of Maryland, the benefit of which Goodwin had obtained in 1817 on the assignment of all his property for the use of his creditors. The executors of Oliver claimed the right of Goodwin to this fund under an assignment made by himself 30th May, 1829. The money awarded by the Commissioners to this Company under the treaty, had, by the agreement of all parties claiming an interest in the same, been deposited in the Mechanic's Bank of Baltimore to be distributed according to the rights of the respective parties claiming it. The Court of Appeals of Maryland decided against the right of Gill, as the permanent trustee of Goodwin, under the insolvent proceedings, and in favor of the right of the Executors of Oliver. The case was brought here by writ of error for review, and was dismissed a-s we have stated for want of jinisdiction. The Court of Appeals of Maryland had decided against the right of Gill on the ground, that the contract made by the " Baltimore Mexican Company" with General Mina in 1816, by which means were furn- ished him to carry on a military expedition against the territories and dominions of the King of Spain, a foreign Prince with whom the United Stales were at peace, was in violation of our neutrality act of 1794, and consequently illegal, and void; and could not be the founda- tion of any right of property, or interest existing in Goodwin in 1817, the date of the insolvent proceedings, and hence, that no interest in the subject-matter passed to the permanent trustees seUing up a title under them. After the revolutionary party in Mexico had achieved their indepen- dence, and about the year 1825, the public authorities under the new 31 government recognized this claim of the Baltimore Company, as valid and binding upon it, and as sucii it was brought before the board of Commissioners, under the convention of 1839, and allowed. It was not denied on the argument, and, indeed, coidd not have been successfully, that the contract with General Mina in 1816, was illegal and void, having been made in express violation of law: and hence that no interest in, or right of property arising out of it, legal or equitable, could pass, in 1817 the date of the insolvent proceedings of Goodwin, (o the trustee for the benefit of his creditors. But, it was urged, that the subsequent recognition, and adoption of the obligation by the new government, had relation back, so as to confirm and legal- ize the original transaction and thereby give operation and efTect to the title of the trustee at the date mentioned. And upon this ground it was insisted that the decision of the Court below denying the right of Gill, the permanent trustee, was a decision against a riglit derived under (he treaty, and award of the Commis- sioners, which therefore brought the case within he 25th section of the judiciary act. Undoubtedly upon this aspect of the case, and assuming that there was any well founded ground to be found in the record for maintain- ing it, jurisdiction might have been very properly entertained: and the question as to the efTect of the recognition of the obligation by Mexico, and award under the treaty in pursuance thereof upon the right claimed by the trustee under the insolvent proceedings examined and decided. The decision below, in (his aspect of the case, must have involved the effect and operation of the treat}'^ and award of the Commissioners imder it. But, a majority of the Court were of opinion tiiat no such question existed in the case, or, was decided by (he court below: and tha( (he only one properly arising, or that was decided, w;is \\\o one growing out of the conUiut with General Mina of ISK), and of the elU'ct and operation to be given to it lurder (he insolvent laws of Maryland. 'I'Ik; money awarded to the Mexican Company was a fund in court and had been brought in by the consent of all ])arties concerned for distribution according to their respective rights. Tlx; plainliH' in error clain)ed the share of Goodwin under the insolvent proceedings of 1817 as trustee for the creditors through the contract with Mina — the dcfcud- ants by virtue of an assigmneut from (ioodwin himself in 1829 after Mexico had recojjnized and acknowledfjed thi- iLiim as valid. The money bad been awarded (o cer(ain [)ersons " in trust for whom it may coucern " without undertaking to settle the rights of (he several claimants. The court in giving eflect and oiieration (o (he insolvent laws of Maryl.'uid as to the vesting of (Im; jii(jperty and estate of (he in.solvent, in the hands of (he (rus(ee for the benerii of the creditors, held, that no interest or riiiht could be daiuied luidei them ihinugh (he contract of l8Hi, i)Ut that the; right of (ioodwin (o (he finid |)asscd by his assigmneut in 1829 to (he defendan(s. Mr. .fustice Grier in delivering (he opinion of (he majority of the cour(, speakiu!^ of (hfit decii aforesaid," *.V,c. 'I'he commi.ssions were dependent upon ihe allowance of ilu; claims of (he company against Mexi<:o, and of course, an interest iniiiiiaiely conneeled with tliem; without (be idlowaure of (he one, the other would be valueless. The undeislantiing of Goodwiri himself ol ibe intention and ed'ect of the as^igumeiii accords with (his view, as derived from his deposi- tion (aken in inbalf of (he rlaiiii« ol the foiiipany, and iisid befoie (he 42 hoard of commissioners; and also from liis testimony in the proceedings before the Baltimore county court, for the distribution of the fund among the several claimants. This share of Lyde Goodwin in the company, and his commissions, have heretofore been the subject of consideration in this court. Tiie case is reported in the 1 1th How. 529. George M. Gill, the permanent trustee of Goodwin, who had taken the benefit of the insolvent laws of Maryland, in 1817, claimed this fund before the Baltimore county court as part of the estate of the insolvent, against the right and tide of the executors of Oliver, claiming under this assignment of 1829. The Baltimore county court held that the fund passed by the insolvent as- signment of 18J7 to Gill, the permanent trustee. The case was taken to the court of appeals of Maryland, where the decree was reversed, and the fund distributed to Oliver's executors, the appellate court hold- ing that the contract of the company with General Mina was made in violation of the neutrahty act of the United States, of 1794, and, being thus founded upon an illegal transaction, constituted no part of the property or estate of the insolvent within the meaning of the Mary- land insolvent laws. Gill brought the case to this coml under the 25th section of the Judiciary act, for the purpose of revising that decision ; but the court dismissed the case for want of jurisdiction, a majority of the judges holding that tlje only question involved in the decision be- low was the true construction of a statute of the State, and that it belonged to the Maryland court to interpret its own statutes. Whether that interpretation was right or wrong, was a matter with which this court had no concern. Gill, the permanent trustee, having thus failed to establish a title to the fund under the Maiyland insolvent laws, the litigation is again re- vived respecting the fund, in behalf and for the benefit of the personal representatives of Goodwin, on the ground that the moneys realized upon the contract with General Mina, from the Mexican government, is to be regarded as a subsequent acquisition of property by ihe insol- vent, belonging to his estate, and to be dealt with accordingly. Hence this bill filed against the executors of Oliver to recover pos- session of the fund. The defence set up to this demand of the admin- istrator of Goodwin, and which it is insisted is conclusive against him, is Ihe assignment of the contract of General Mina by Goodwin himself to Robert Oliver in 1829, which has been already referred to; that hav- ing thus parted with all his right or claim to that contract, for a full and valuable consideration, the proceeds thereof derived from the recognition and fulfilment by the Mexican government belong to the estate of Oliver, and not to that of Goodwin; and vested his executors with the equitable right to receive the moneys, and which have been paid accordingly under the decree of the court of appeals of Maiyland in making a distribution of the fund. It is urged, however, in answer to this view, that the contract with General Mina being illegal, the sale and assignment of it from Good- win to Oliver niusi also be illegal, and consequently that no interest tjif-rfiii, •■(|iiil;ibl<' or l'\gal, pnss-cd to Oliver's o\rcnlnr>\ 43 But this position is not maintainable. The transaction, out of which the assignment to OHver arose, was uninfected with any illegaUfy. The consideration paid was not only legal but meritorious, the relin- quishment of a debt due from Goodwin to him. The assignment was subsequent, collateral to, and wholly independent of, the illegal trans- actions upon which the principal contract was foimded. Oliver was not a party to these transactions, nor in any wa\' connected with them. It may be admitted that even a subsequent collateral contract, if made in aid and in furtherance of the execution of one infected with illegality, partakes of its nature, and is equally in violation of law; but (hat is not this case. Oliver, by the assignment, became simply owner in the place of Goodwin, and as to any public policy or concern sup- posed to be involved in the making; or in the fulHIment of such con- tracts, it was a matter of entire indifference to which it belonged. The assignee took it liable to any defence, legal or equitable, to which it was subject in the hands of Goodwin. In consequence of the illegal- ity the contract was invalid, and incapable of being enforced in a court of justice. The fulfilment depended altogether upon the voluntary act of Mina, or of those representing him. No obligation existed, except what arose from a sense of ])onor on the part of those deriving a benefit from the transaction out of which it arose. Its value rested upon this ground, and this alone. The demand was simply a debt of honor. But if the party who might set uj) llie illegality chooses to waive it, and pay the money, he cannot afterwards reclaim it. And, if even the money be paid to a third per- son for the other ])arty, such thirti person cannot set up the illegality of the contract on which the payment has been made, and withhold it for himself. In Faikney vs. Renous, (4 Burr. 2069,) where two persons were jointly concerned in an illegal stockjobbing business with a third, and a loss having arisen, one of them paid the whole, and took a secu- rity from the other for his share, the security was held to be valid as a new contract uninfixted by the original transaction. And in Pctrie 7'."^. llannay, (3 T. R. 418,) where one of the partners, imder similar cir- cumstances, paid the whole at the instance of the other, he was allowed to recover for the proportionate share. These cases are examined and approved in Armstrong's. Tolee, (11 Wli. 258.) In Tenant vs. Elliott, (I U. ifc l\ .3,) the defendani, a broker, ef- fected an insurance for tin; [)laiuli(r wliich was illegal, being in viola- tion of tbe navigation laws; but on ;i loss bappening, the underwriters paid the money to the broker, wlio refused to |)ay it over to the insured, setting up the illegality, upon wliicli an aciioii (or money had and received was brouLrbl. The |»laiiili(l' recovered on ilie trroimd llial llie imj)lied promise ot the ilelendani, arising out of llie receipt of ilii- money for the plaintif]", was a n<:w contract, not all'ected by tbe illegality (»f the original transaction. The. same [)rineiple wasajiplied and enforced in the case; of J-'armr-r vs. Ru.ssell, (II). p. 2'.Hj.) in Tlioiiq)son o. Thonq)son, (7 \'eH. 170,) \\\r\r. had been a sale (tf die command of an Mast India sliip (o iln; defendant, and as a con- sideration he siij)ulale(l to pay an ammiiy of J-'2'){) to (he previous coiimiaiider so l<»ng a ; lie lioiild eoiiiimii' in cninmaiKJ of (he biji 44 Tliis contract of sale was illegal. Subsequently the defendant re- linciuished the coniniand, and another person was appointed in his place. But under the regulation adopted by the East India Company to prevent the sale of the commands of their ships, an allowance was made to the defendant, on his retiring, of o^''^, 540. The bill in this case was filed for the purpose of procuring a decree for the investment of a portion of this fund to satisfy the annuity of 0^^200, praying that the value of it might be ascertained and paid out of the money allowed by the company. The objection made was, that (he contract providing for the annuity was illegal, and a court of equity therefore would not interfere. The master of the rolls, Sir William Grant, agreed that the contract was illegal; he admitted there was an equity against the fund, if it could be reached by a legal agreement; but observed, "you have no claim to this money, except through the medium of an illegal agree- ment, which, according to the determinations, you cannot support." " If the case," he further observed, " could have been brought to this, that the company had paid this into the hands of a third person for the use of the plaintitT. he might have recovered from that third person, who could not have set up this objection as a reason for not performing the trust;" ''but in this instance the money is paid to the party." " There is nothing collateral in respect to which, the agreement being out of the question, a collateral demand arises, as in the case of stock- jobbing differences." So, in Sharp vs. Taylor, (^2 Ph. Ch. R. 801,) the bill was filed among other things to recover a moiety of the freight money, the whole of which had come into the hands of one of the joint owners. The defence set up was, that the trade in which the vessel had been en- gaged, and in which the freight had been earned, was in violation of the navigation laws, and illegal. But Lord Chancellor Cottenham answered, that the plaintiff was not asking for the enforcement of an agreement adverse to the provision of the act of Parliament, nor seek- ing compensation and payment for an illegal voyage; that, he observed, was disposed of when Taylor (the defendant) received the money; the plaintiff" was seeking only his share of the realized profit. Again, he observed, can one of two partners possess himself of the property of the firm, and be permitted to retain it, if he can show that, in realizing it, some provision in some act of Parliament has been violated? The answer is, that the transaction alleged to be illegal is completed and closed, and will not be in any manner affected by what the court is asked to do as between the parties The difference, he observes, between enforcing illegal contracts and asserting title to the money which has arisen from them, is distinctly taken in Tenant vs. Elliot, and Farmer vs. Russell, and recognised by Sir William Grant in Thompson vs. 1'hompson. These cases show that the assignment of Lyde Goodwin to Robert Oliver, in 1829, l)eing collateral to and disconnected frou) the illegal transaction out of which the Mina contract arose, was valid and bind- ing upon Goodwin, and vested in Oliver all the benefits and advan- tages, whatever they might be, derived from that contract. 45 The assignment from Goodwin to Oliver, though the assignment of an illegal contract — which contract, therefore, imposed no legal obliga- tion, and rested simply upon the honor of the parties — was not witliin the condemnation of the Maryland insolvent laws as expounded by her courts, as the right was not derived under, but entirely independent of them. Those laws have no application to this assignment. And further, that the money having been realized by his executors, according to the purpose and object of the assignment, becomes a part of the assets of the estate, which belong to the personal representatives. Another ground may be briefly stated, which, in our judgment, is equally conclusive against the complainant. The assignment of 1S29 of the Mina contract not being tainted with illegality, and therefore obligatory upon Goodwin, if he were alive and claiming the fund against the representatives of Oliver, having parted with all his right in the subject to their testator, for a valuable consideration, would be estopped from setting up any such claim, and, of course, his personal representatives can be in no better situation. We have not deemed it necessary to look into the case for the pur- pose of ascertaining whether Goodwin, at the time of the proceedings in the Baltimore county court, had such notice of them as required that he should have appeared there and asserted his right; and hence, that the decree of that court, in the distribution of the fund, was con- clusive upon such right. That question is unimportant, inasmuch as, in our opinion, the executors of Oliver have, independentl}'^ of that ground, established a complete title to the fund in controversy. We think the decree of the court below was right, and shouiil Ik; affirmed. Order. This cause came on to be heard on the transcript of the record from the Circuit Court of the United States for the District of iMaryland, and was argued b}'^ (Jounsel. On consideration whereof, it is now here ordered, adjudged, and decreed by this Court, that the decree of the said (/ircuit Court, in this cause, be, mid the same is herrby affirmed with costs. SUPREME COURT OF THi: UNrPE!) s'i\\'n:s. December '1' e ii m , 18 .') 1 . Charles H. McUlair, Ailministrator of Lyde Goodwin, deceased, aj)p(^llant, vs. Robert M. Gibixjs and Charles Oliver, Executors of Robert ( )liver, deceased. ^ Mr. Chief Jiistice TANKY. I shall stale my opinifin in this cas a claim imder him, to a share in this I'aliimore Conq)any. The court say, " it h.is no le<:;d or moral obliL^■^lion to suppr)rt it, and timl, therefore, under the insolvent laws of Alar} land, such a claim does not pass to or vest in the trustee of an insolvent petitioner. It forms do p.irt of his property «>r estate, wiihin the meaniii"- of the le'Hslaiive en.iciments con^iituiiiii; our insolvent system." And this opinion is reallirmed, ijisisimis verbis, in giving the 7 48 judgment against the trustee of Williams, then before the court, and with which we are now dealing; and yet it is gravely insisted that no such decision was made in this case as was made in the case of Good- win; but, on (he contrary, the court decided (hat the in(erest in the share of Williams did pass under the insolvent laws to (he trustee; that he became thereby invested with the title, and was competen( to transfer it to Robert Oliver, (he testator of the defendants. The supposed contradiction and inconsistency of the determination of the court is founded upon the second paragraph in the opinion de- livered. It is as follows. 2d. " Because, under (he proceedings based on or originating from the insolvent petitions of John Gooding and James Williams, and the act of assembly applicable thereto, Robert Oliver acquired a valid title to all the interest of said James Williams and John Gooding in the fund in controversy, for the reasons assigned by Judge Martin as the basis of his opinion in those cases." Judge Martin had dissen(ed from (he opinion of the majority of (he court, in the case of Lyde Goodwin, being of opinion (hat the interest in his share passed under the insolvent laws to (he (rusiee; and had maintained the same opinion in respect to the share of Williams, in the case (hen before the court. And it is supposed (hat (his opinion was adop(ed by the other members, in the determination of the case. We do not agree that (his is a proper apprehension of the judgment given by (he two members of the court; but, on the contrary, are satis- fied (hat the opinion delivered may well warrant a more natural and consistent interpretation. The true meaning will be apparent, we think, from (he following explanation. Robert Oliver, as we have seen, had purchased the share of Williams of the insolvent trustee, in 1825, and, consequently, if the interest in his share passed under the insolvent laws to the trus- tee, it had become vested in Oliver, and of course, on his death, in the executors. The question before the court was between the insolvent trustee and the executors. The court, after reaffirming their opinion in (he case of Lyde Goodwin, namely, that no in(erest in the share passed to the trustee under the insolvent laws, and therefore (hat he was disabled from making out a title to it, go on in substance to say, that if in error as to (his, and the opinion of .ludge Martin should be adop(ed, namely, that the interest did pass to the trustee, ii could make no difference in the result, inasmuch as the executors of Oliver would then be entitled to the proceeds, under his purchase of (he share from the trustee him- self, in 1825. Therefore, viewing the case in either aspect, qua cun que via data, (he insolvent trustee had failed in establishing any in- terest in the fund. It appears to us that this is obviously the meaning intended to be expressed, though we admit the terms used in the expression of it fur- nish some plausibility for the criticisms to which it has been subjected. The two opinions, (he one in the case of Goodwin, and the other in the case of Williams, were given at the same term, and upon the same question; and, if (he interpretation of (he defendan(s is right, are dia- metrically opposite to each other; and not only so, as (he first opinion 49 is incorporated in the second, tlie judgment rendered in the case of Williams is founded upon two opposite constructions of the same statute, in one and the same opinion. We prefer the explanation we have given to this extraordinary and absurd conclusion, as it respects the proceedings of a respectable court, and one possessing the highest jurisdiction in the State. The change of opinion upon a question of law, or in the construc- tion of a statute, is no disparagement to a judge, or a court, however eminent or experienced. The change is oftentimes a matter of com- mendation, rather than of reproach. But the case here presented, and upon which we are asked to turn the decision of the question, is, that two opposite constructions of a statute have been given by the court in the same cause, leading necessarily to opposite results, and both relied on as grounds for the judgment rendered. We have already assigned our reasons for disbelief in any such conclusion, and shall not again refer to them. It has been suggested that the statute of Maryland, of 1S41, confirm- ing certain defective proceedings in insolvent cases, operated to confirm the sale of the trustee to Oliver in 1S25, and that the opinion of the court of appeals in the case of Williams is founded upon this statute. Winchester, the permanent trustee at the time of the sale, had not given a bond with surety, for the faithful execution of his (hity, as required by the law ; and, under the decisions of the courts of Mary- lantl, this omission disabled him from dealing with the estate of the insolvent. The act of 1841 was passed to remedy defects of this description. It provided that all sales and transfers of properly and claims, (heretofore made by any permanent trustee, (fcc, under the insolvent laws of the State, shall be valid and effectual, notwithstanding such trustee shall not have given a bond with security, (fcc ; and the 3d section provides that the act shall not be so construed as to cure any oilier defect in (he proceedings, than the failure to give a bond, with secmity, or the want of any ratification by the court of any sale made by such trustee. It is quite apparent from the provisions of the act that it was not designed to confirm all sales previously made by (he Irusicc- under ihe insolvent laws, and render them valid and etlectual, but sinq)ly to confirm, so far fus respected any defect arising out of (he omission of (be lrus(ee to give the proper secmity, and also as respecifd any omis sion on (he part of (he court to confirm (be sale. 'llu'se (wo dtTecis in any |)revioiis proceedings were cured by (he s(a(ul<', Imi( in all (iiImt respects the proceedings were valid or odu^rwise independendy <>( i(. It is im{)0ssible to mainiain that the slalu(<; looked (o any such infijr- m.'di(y in (he (ille of (he (rustee, as (hat held by lb"- court of jq)pcals in (he case of lijde CJoodwin, as well as in (he jirc.-ent one. And, besides, it is inconceivable why the court slioidd have reairirmed their opinion in (he case of Goodwin, us a ground for denying (he tide (o the (rustee, if (hey hati in(cudcd to hold (hat it pass<'d by forcr of (be act of 1S41. We have no belief that such was the opinion in(ended to be expressed. 50 The decree of the court affirming the judgment of the court below has been referred to as favoring the view of the decision contended for by the appellees. This decree adjudges and decrees that the judg- ment below awarding the share of Williams to the executors of Oliver be affirmed, and that Glenn and Ferine, the general trustees of the fund, pay the proceeds of the share to the said executors. It will be remembered, that the only question before the court re- specting this share was between the executors on the one side, and the insolvent trustee of Williams on the other; aiid as the executors were the apparent owners of the fimd, unless a title could be maintained by the trustee, so far as respected the parties before the court, the former exhibited the better title; at least the better title to take the possession and charge of the fund in the distribution among the claimants. The form of the decree, therefore, was very much a matter of course in the aspect of the case as then presented. This view will be more fully appreciated when we refer to another branch of this case, presently to be considered. We will simply add, in our conclusion upon this part of the case, that the opinion now ex- pressed was the one entertained by us when the case involving this share of Williams was formerly before the court, and which will be found in 12 How., pp. Ill , 123. At p. 123 we observed the counsel for the plaintiff in error sought to distinguish this case from the previous one, (the case of Lyde Good- win,) and to maintain the jurisdiction of the court, upon the ground that the act of the legislature of Maryland of 1841, confirming the authority of Winchester, the permanent trustee, was in contravention of a provision of the Constitution of the United States, as " a law im- pairing the obligation of contracts." But we observed in answer, " admitting this be so, (which we do not,) still the admission would not affect the result, for the decision (of the court of appeals) upon a previous branch of the case denied to the plaintiff any right to or interest in the fund in question, as claimed under the insolvent proceedings as permanent trustee, and hence he was deemed disabled from maintaining any action founded upon that claim. It was of no importance, therefore, as it respected the plaintiff, in the distribution of the fund, whetlier it was rightfully or wrongfully awarded to Oliver's executors. He had no longer any interest in the question." Our conclusion, therefore, upon this part of the case is, that accord- ing to the law of Maryland, as expounded by the highest court of the State, no title to or interest in the share of Williams in tlie contract of the Baltimore Company under General Mina passed under the insol- vent laws of that State to the insolvent trustee; and, consequently, no interest in the same became vested in the executors of Robert Oliver by force of the assignment from the trustee to him in 182-5. 2. The next question is as to the conclusiveness of the decree of the Baltimore county court, making a distribution of the fund among the several claimants, and which was atfirmed by the court of appeals, upon the rights of the administrator of Williams to the proceeds of Ids I 51 share in the fund. The decree in the Ballimore coiinly court was rendered in December, 1846, and atfirnicd June lerni, 1849. Wilhams died in 1836, and no letters of administration were taken out upon the estate till 1852. It appears, therefore, that WiUiams had been dead ten years when the first decree was made, and thirteen at the date of the second; and no representative was in existence (o whom notice of the proceedings could affect in any way ilie interest of the estate in the fund. Now, the principle is well settled, in respect to these proceedings in chancery for the distribution of a common fund among the several parties interested, either on the application of the trustee of the fund, the executor or administrator, legatee, or next of kin, or on the appli- cation of any party in interest, that an absent party, who had no notice of the proceedings, and not guilty of wilful laches or unreasonable neglect, will not be concluded by tlie decree of distribution from the assertion of his right by bill or petition against the trustee, executor or administrator; or, in case they have distributed the fund in pursuance of an order of the court, against the distributees. (1 Miln and Keen, 200, David vs. Froud; 1 Russ. and M. 338, Greig vs. Somervillo; 3 Russ. 130, Gillespie V5 Alexander; 1 Keen, 391, Sawyer ?'5. I3uch- more; 1 Ball, and 13. 436, Shine vs. Gough; Story's Eq. PI. ^ 106; 11 VVh. 304, Finley vs. Bank United States; 14 How. 52, 67, Wis- wall vs. Sampson. The general principle governing courts of equity, in proceedings of this description, is more clearly stated by Sir John Leach, luasier of the rolls in David vs. Froud, above referred to, than in any other case that has come under our notice. That was a case where one of the next of kin, who had no notice of the administration suit, filed a bill against the administratrix and dis- tributees to obtain her share of the estate. I'he bill was filed some two years after the decree for distribution had been maile and carried into eflfect. The master of the rolls observed, that '< the personal j)ropcrty of an intestate is first to be applied in payment of his debts, and then dis- tributed amongst his next of kin. The person who takes out admin- istration to his estate, in most cases, cannot know who are liis creditors, and may not know who are his next of kin; and the; adminisiiaiion of his estate may be exposed to great delay and embarrassment. A court of equity exercises a most wholesome jurisdiclidu for (be prevention of this delay and emi)arrassment, and for (he assistance and protection of the administralftr. U[)on the apjtiication of any person rlaimiiiLT t') be irit«;rest<;d, the court refi;rs it to the master, to in<|uire who are creditors and who are next of kin, and for that purpose to cause advertisrtnenis to be j)ui)lished in the(|uarters where creditors and next of kin are most likely to bf; found, calling upon su Robert M. Gibbes and Charles Oliver, j Executors of Robert Oliver, deceased. J Mr. Justice DANIEL dissenting. When, at a former term, these cases were brought before this court, in the name of Nathaniel Williams, trustee for the creditors of James Williams, an insolvent debtor, and of the same Nathaniel Williams, as trustee for the creditors of John Gooding, an insolvent debtor, the court, after argument and upon full consideration, dismissed them for the want of jurisdiction. The decision of the court, then pronounced, commanded my entire concurrence. I still concur in that decision, and hold the reasons on which it was founded as wholly impregnable. Those reasons were specifically these: That the questions involved in the cases were purel}'^ questions arising upon the construction of the insolvent laws of Maryland; questions properly determinable, and which had been determined by the highest tribunal of that State; and such, therefore, as vested no jurisdiction in this court. Such, then, being directly and explicitly the decision of this court, as will be seen in the report of its decision in the 12th of Howard, pp. Ill and 125, it becomes a matter for curious speculation to inquire by what view of the facts and the law of these cases, by what process of reasoning upon the same facts and the same law, this court have now arrived at a conclusion diametrically opposed to that which had been formerly reached by them. The parties in interest are essentially the same, varied only in name; it is the same insolvent law of Maryland which it is now as it formerly was, undertaken to interpret; and it is the identical exposition of the identical court, formerly examined and sanctioned here, which this tribunal now assumes the right to reject and condemn. Indeed, the field for discussion and criticism is now much more narrow than was that which existed when these cases were formerly before this court. At that time there were strenuously urged grounds 55 for contestation; founded upon an alleged construction of the Mexican treaty, and of the acts of the commissioners under that treat3^ At present, the claims of the appellants, and the impeachment by them of the decision of the State court, and of that of the circuit court of the United States, have been rested chiefly, if not exclusively, upon the fact, that the personal representatives of the insolvent assignors were not made parties to the suits brought for the distribution of the effects of the insolvents. It cannot be correctl}^ insisted on as a universal or necessary rule, (hat in suits by assignees the assignors from whom they derive title must be made parties. Cases may occur in which there may be a propriety of joining the assignors in such suits, but, without some ap- parent cause for such a proceeding, the rule and the practice are other- wise. Indeed, the calling into a controversy or litigation a person who can have no interest in such litigation, would be discountenanced by the courts, who would dismiss him from before them at the costs of the person who should have attempted such an irregularity. And it would seem that if there could be a case in which such an attempt would be irregular, it would be that in which tlie person so made a party had not, and could not have, any interest in the controversy; in other words, should be nn insolvent, who had transferred upon record every possible interest he possessed in the matter in controversy. But suppose it be admitted as the general rule, that an assignee should, in the prosecution of an assigned interest, call in his assignor as a voucher, or for any other purpose, how will these cases be affected by such an admission? The absence of the personal representatives of the insolvent assign- ors is the only circumstance imparting a shade or semblance of differ- ence between the attitude of these cases as formerly brought before us, and that in which they are now presented. Of what importance, either now or formerl}', could be the presence or absence of the per- sonal representatives of these insolvents it might puzzle CEdipus him- self to (iivino. The rights or interests of the representative can never be broader tlian rue those of the person represciiled; and as the p(,'r- sfjtis represented in these cases are admitted on all sides, and arc; shown upon record, to have nothing, by reason of the transfer to their trusli^es of all that they had ever possessed, or to which they had any claim — and thai, loo, by a mode of transfer which declared the ina(le{|Mac\' of their all Cor the liiiuidation of their debts — it followed that those who came forward under these insolvents jure rc/iresoUalio/n's merely, C(juld themselves be entitled to nothing by rcprcscjiialioii from (heir princi[tals, nor claim anything in opposition to the universal and ai)su- liite assignments to the trustees of lliosi; dehtois. Had these personal representatives of the insolvents l»een made par- ties to the suits for distribution, it is probable that they wr)idd have been regarded by the court as mere, men f»f straw, used for the, purpose of depriving the purchasers for valuabh; consiileration from the trustees or assignees of the insolvent's interests, deemed at the time of the sale l)y the trustees [)recarioiis and coutiiigeut, Imt wliiiji [\\<- jnogressof events had subse(|Uentlv leiiden-d avail.ilile. 5() But whatever may be admitted as the general rule apph'cable to suits by an assignee; however that rule may be supposed to require that in such suits the assignor or his representative should be a party, still we are brought back to the true character of these cases, and of the rule of law peculiarly applicable to them, viz: that they are controversies depending upon the construction of the statutes of Maryland, which regulate the administration of the effects of insolvent debtors. That, in the construction of those statutes it has been by the supreme court of the State decided, that in suits by the purchasers or assignees from the statutory trustees of insolvent debtors, the personal representatives of those insolvent debtors are not necessarily to be made parties, but that such suits may be prosecuted and decided without participation or interference on the part of such representatives; that in conformity with this construction of the statute of Maryland by the supreme court of the State, the circuit court of the United States for the district of Maryland, and this court, in the cases herein mentioned, have concur- rently ruled in direct opposition to the pretensions of the appellants now advanced. Regarding the decision just pronounced as in conflict with all that has been heretofore ruled upon the subjects of this controversy, and as transcending the just authority of this court to reject the construction of the statute of Maryland proclaimed by the supreme court of that State, I am constrained to declare my dissent from the decision of this court, and my opinion that the decrees of the circuit court in these cases should be affirmed. Order. This cause came on to be heard on the transcript of the record from the Circuit Court of the United States, for the district of Maryland, and was argued by counsel. On consideration whereof, it is now here ordered, adjudged, and decreed by this Court, that the decree of the said Circuit Court in this cause be, and the same is hereby reversed with costs, and that this cause be, and the same is hereby remanded to the said Circuit Court, for further proceedings to be had therein, in conformity to the opinion of this Court. 57 SUPREME COURT OF THE UNITED STATES. December Term, 185 4. John Gooding, jr., Administrator de bonis non of John Gooding, deceased, appellant, vs. )> Robert M. Gibbesand Charles Oliver, Execu- tors of Robert Oliver, deceased. Appeal from the cir- cuit court of the Uni- ted States for the dis- trict of Maryland. Mr. Justice NELSON delivered the opinion of the Court. This is an appeal from a decree of the circuit court of the United States for the district of Maryland. The case involves the same questions, and is in all respects the same as the case of the administrator of Williams against the executors of Oliver, just decided.* The decree of the court below is therefore reversed, and the case remanded to the court below. Order. This cause came on to be heard on the transcript of th^ record from the Circuit Court of the United States for the District of Maryland and was argued by counsel. On consideration whereof, it is now here ordered, adjudged and decreed by this Court that the decree of the said Circuit Court in this cause be and the same is hereby reversed with costs, and that this cause be and the same is hereby remanded (o the said Circuit Court for further proceedings to be had therein, in conformity to the opinion of this Court. • For the Opinions in the cnsc of tlie Administrator of Williams agninst llic Executors of Oliver, see pajjus 4G, 5, and 54. » ^OFCAllFOff^ :•# ^^Aavaani^ i 3 40FCAIIF0% ^ C5 S ^^Aiivaaii# % 4^lOSANCElfx^ -^^^lUBRARYQr, -^lUBRARYQc >a3AINn-3Wv ll-\' 1^ ^OfCAUFO^/l^ ?? ^ '^^Aavaaii-#' ^OJIIVJJO^ ^OFCAllFO% «AMEUNIVERy/A ^ 5WEl)NIVER% ^ %;. i'g ''(^Aav ^^ «A\^El)NIVER%. ^lOSANCEl£n> ^1^MBNiV£R% ^lOSANCElfj^ 00 ^1 I ■"^iTiiaDNvsoi^ ^a^AiNn-aftV :^ -j^lUBRARYOc ^. , ^^Aavaani^ lOSANCElfXA iiciri « nw ,-v .t \\ '^mimwi^i^' 8RARYclOSANCtl% -cJ^lUBRARYQ^, -oj r. niiiiii'iiMlilliigiiillillllllllllll in L 006 676 589 2 .,r I irr* I. n> ■ -, < m SO 5? 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